How to Apply for Letters Probate in New Brunswick

Example: Lise and Gérard, a retired couple in Bathurst, sign their new wills at the dining table one evening, with two friends from their church choir acting as witnesses. As the friends pull on their coats, Lise mentions something she read in the province's Probate Rules: a witness's affidavit proving the will "may be made either before or after the death of the testator."^[NaN] The couple decide to have both friends complete those affidavits soon, while everyone lives on the same street, so their executor will not have to find the witnesses years from now.

That small piece of foresight speaks to how probate works in New Brunswick, where much of the application turns on documents that can be gathered long before they are needed. Below, the New Brunswick steps are laid out using the Probate Court Act, the Probate Rules and the court's own guidance. If you are new to probate generally, the Canada-wide probate walkthrough explains where an application sits among an executor's other jobs.

The court and the right office #

New Brunswick has a dedicated Probate Court. The court's own page describes it as having the power to grant letters probate and notes that, although distinct from the Court of King's Bench, it is presided over by a Court of King's Bench judge.^[NaN]

Under s. 29 of the Probate Court Act, an application may be presented at the probate office in the judicial district where the deceased lived at death, or where their property is located.^[NaN] Once granted, letters probate have effect in all parts of the province (s. 31).^[NaN]

The application forms #

The Probate Rules prescribe the forms. An application for letters probate uses Form 2A or 2B; letters of administration with the will annexed use Form 2C or 2D; and letters of administration without a will use Form 2E or 2F (Rule 2.01(3) to (5)).^[NaN] The court's Probate Court page links to its index of forms and other guidance, and that is where to find the current versions.

Proving the will #

Under Rule 2.02(3), the due execution of the will and of every codicil is generally proved by an affidavit of one of the subscribing witnesses, in Form 2I or 2J. If that affidavit cannot be obtained from either witness, Rule 2.02(4) allows execution to be proved by other evidence.^[NaN] As Lise noticed, the affidavit "may be made either before or after the death of the testator" (Rule 2.02(5)).^[NaN]

There is one firm limit. Rule 2.02(9) says no affidavit of execution may be sworn or affirmed by a witness to the will before another witness to the will.^[NaN] In practice the two witnesses do not swear in front of each other, and our national affidavit of execution guide goes into the document itself.

A holograph will is proved differently. Rule 2.02(6) calls for an affidavit in Form 2K, or another form the court directs, stating that the will, including the signature, is wholly in the testator's handwriting.^[NaN] Our guide to holograph wills explains when a will counts as one.

When the will itself raises questions #

Some wills arrive with marks on them. Under Rule 2.02(11), where important words have been erased or obliterated, where the will looks as though someone tried to revoke it by burning or tearing, or where other suspicious circumstances exist, the court does not grant letters probate until those matters are explained to its satisfaction.^[NaN] Keeping the original clean and safe, in a safe at home with a copy lodged in a bank safety deposit box, avoids most of these questions.

The statutory waiting periods #

New Brunswick builds in short waiting periods. Unless the court directs otherwise, Rule 2.02(1) says letters probate are not granted until 7 days after the testator's death, and letters of administration (where there is no will) not until 14 days after the death.^[NaN]

When there is no will #

Where a person dies without a will, or the named executor refuses on citation to prove it, s. 53(1) of the Probate Court Act lets the court commit administration to the spouse, the next of kin or the spouse of the next of kin, as it considers proper.^[NaN]

That list is changing. From December 1, 2026, An Act to Amend the Wills Act, SNB 2025, c 43, amends s. 53(1) to name the deceased's "common-law partner" as well.^[NaN][NaN] The term takes its meaning from the Wills Act. In short, the definition covers a person who has lived with another person in a conjugal relationship, without interruption, for two years or more without the two of them being married.^[NaN]

Because this change is dated, the right list depends on when you read it. Before December 1, 2026, s. 53(1) names the spouse, the next of kin and the spouse of the next of kin. From that date it also names the common-law partner. Either way, the court keeps its discretion to commit administration "as the Court considers proper."^[NaN]

Bonds #

Under s. 57(1) of the Act, a person granted administration who is a creditor of the deceased, or who does not live in New Brunswick, generally has to give a bond. The court may also require a bond from other administrators (s. 57(1.1)), and under s. 57(3) it may reduce, revise or dispense with a bond under special circumstances.^[NaN]

The Public Trustee and small estates #

Section 20(2) of the Act, as amended in 2026, provides that where the probate value of an estate does not exceed $25,000, the Public Trustee does not need a court order appointing it as administrator and may administer the estate as though appointed, once it satisfies the Registrar by affidavit. Letters of administration are then issued to the Public Trustee (s. 20(3)).^[NaN]

This rule is about the Public Trustee only. It is not a general rule that estates under $25,000 skip probate in New Brunswick.

The probate tax #

A probate tax applies to a grant of letters probate, and the court's page notes that the rates changed for applications filed on or after June 12, 2026, under amendments to the Probate Court Act.^[NaN] Check the court's current information before relying on older figures. Our New Brunswick probate fees article discusses the tax, and the probate fee calculator gives a rough comparison across provinces.

An executor's short list #

For an executor in New Brunswick, the application generally comes down to a handful of items:

1. the original will and any codicils, checked for erasures or damage that may need explaining;
2. a witness affidavit of execution in Form 2I or 2J, or Form 2K for a holograph will;
3. the application in Form 2A or 2B, presented at the right district's probate office;
4. a bond, if the court requires one; and
5. payment of the probate tax.

The 7-day waiting period means the grant generally cannot issue in the first week after the death, even if everything is ready, unless the court directs otherwise.^[NaN]

Leaving the paperwork in order #

Lise and Gérard's evening shows how much of a New Brunswick application can be prepared in advance: witness affidavits completed early, an original will kept unmarked and easy to find, and an executor who knows the plan. Our New Brunswick will guide explains the signing rules, and the New Brunswick will page gathers the province's basics.

When you are ready to put your own wishes down, you can open your will with It's Simple Will and take it one question at a time.